Labour & Military Law

Labour Law, also known as employment law, is the law which governs the relationship between an employer and employee.  It is primarily regulated by the Basic Conditions of Employment Act and the Labour Relations Act.

However, one of the most important aspects to consider when it comes to labour law are the judgments of the courts and the CCMA.  It is therefore imperative to be aware of the latest case law when dealing with labour law.  Now while these judgments can change drastically over time, the one sentiment that has not changed is the sentiment expressed by the Labour Court that they are not a court of law, but that they are a court of fairness and equity.

This means that the Labour Court and the CCMA, interpret legislation to determine what is fair and equitable.

Military Law on the other hand uses the principles of Labour Law, but also that of Criminal Law, resulting that fairness and equity may need to take a back seat to discipline and duty.

SERVICES

1

 - Employment Contracts;

 - Independent Contractor Agreements;

 - Mutual Separation Agreements;

 - Non-Disclosure Agreements;

 - Restraint of Trade Agreements;

 - Confidentiality Agreements.

LABOUR AGREEMENTS

2

 - Company Policies and Procedures;

 - Disciplinary Policies and Procedures;

 - Grievance Policies and Procedures;

 - Retrenchment Policies and Procedures;

 - Alcohol, Drug and Sexual Harassment.

COMPANY POLICIES

3

 - Employment Equity;

 - Disciplinary Proceedings;

 - Incapacity;

 - Retrenchment Proceedings;

 - Compliance with Legislation;

LABOUR ADVICE

4

CCMA & BARGAINING COUNCIL

 - Preparation of Bundles of Documents;

 - Preparation of Witnesses;

 - Evaluation of Cases and Evidence;

 - Representation.

5

LABOUR COURT & MILITARY COURT

 - Preparation of Bundles of Documents;

 - Preparation of Witnesses;

 - Evaluation of Cases and Evidence;

 - Representation.

6

DISCIPLINARY PROCEEDINGS

 - Investigations;

 - Prosecution of Disciplinary Action;

 - Independent Chairing of Disciplinary Enquiries;

 - Chairing Appeals;

 - Issuing Warning and Last Warnings;

 - Prosecuting Debts and Unpaid Loans.

© 2020 Anton Swart Attorneys Inc

Block 15 D, Central Office Park

257 Jean Avenue,

Centurion, Pretoria

  • Facebook Social Icon
  • Twitter Social Icon
  • Google+ Social Icon